Petitioner is accused in Crime No.870 of 2014 of the Kottarakkara Police Station for the offences punishable under Sections 341, 308, 506(ii) of the Indian Penal Code and Section 27 of the Arms Act, is in custody from 06.05.2014 and seeks bail.
2. Application is opposed by the learned Public Prosecutor and the learned counsel for the de facto complainant. It is submitted that on 05.05.2014 at about 04.45 p.m., while the de facto complainant, a Senior Lawyer of the Kottarakkara Bar was travelling in his car, he was chased by the petitioner and assaulted with a sword in an attempted to cause his death. The de facto complainant had a narrow escape as he raised window glass of his car. According to the learned counsel for the de facto complainant, the car suffered damage and had to be removed to the workshop. It is also submitted that the petitioner is involved in several cases. The learned counsel for the de facto complainant has raised the apprehension that the petitioner might again attacked the de facto complainant who is staying at Kadakkal and is to travel every day to the Kottarakkara Bar.
3. Learned counsel for the petitioner submitted that the cases attributed to the petitioner are registered several years back and some of the cases are pending trial even now.
4. On the submission of the learned counsel for the de facto complainant that the petitioner is involved in other cases, I directed that the learned Public Prosecutor get instruction. The learned Public Prosecutor on instruction submits that the petitioner is involved in the following cases of Anchal Police Station:
(a) Crime No.46 of 2002 for the offences under Sections 55(a) and (i) of the Kerala Abkari Act.
(b) Crime No. 129 of 2005 for the offences under Sections 353 and 294(b) of the Indian Penal Code.
(c) Crime No. 198 of 2007 for the offences under Sections 323, 341, 506(ii) of the Indian Penal Code.
5. It is revealed that the said cases are registered against the petitioner is of the year 2002, 2005 and 2007. No other case except the case on hand is reported to be registered against the petitioner after 2007.
6. Having regard to the relevant circumstances, I am inclined grant relief to the petitioner but subject to stringent conditions to prevent recurrence of such incidents in future and protecting the interest of the de facto complainant as well.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.870 of 2014 of the Kottarakkara Police Station and shall be released on bail, (if not required to be detained otherwise) on his executing bond for Rs.30,000/- (Rupees thirty thousand only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) Whether or not he/she has landed property, one of the sureties shall be the mother/father/brother/close relative of the petitioner.
(b) Petitioner shall deposit of Rs.25,000/- (Rupees twenty five thousand only) in a Nationalized Bank in his name intially for a period of two years (renewable as per order of the learned magistrate) and produce the FD receipt before the learned magistrate while executing the bail bond.
(c) In case the case is decided against the petitioner and he is made liable to pay compensation to the defacto complainat, such compensation to the extent possible could be realized from the amount in deposit.
(d) Petitioner shall report to the S.H.O., Punallur Police Station on every Saturday between 10.00 a.m and 12.00 p.m until otherwise ordered by the learned magistrate (until committal of the case if any and thereafter, by the learned Principal Sessions Judge concerned).
(e) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(f) Except if necessary for compliance with the condition Nos.(d) and (e) or to attend any Court of Police Station as directed in writing, the petitioner shall not enter local limits of the Kottarakkara, Chadayamangalam and Kadakkal Police Stations until otherwise ordered and except with the permission of the learned magistrate/Principal Sessions Judge as aforesaid.
(g) Petitioner shall not get involved in any offence during the period of this bail.
(h) Petitioner shall not intimidate or influence the witnesses.
(ii) It is made clear that in case the petitioner violates any of condition Nos. (d) to (h), it is open to the Investigating Officer or the de facto complainant to seek cancellation of the bail granted hereby by moving application before the learned magistrate/Principal Sessions Judge as aforesaid as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
(iii) Since investigation is not completed, this order granting bail will take effect only from 06.06.2014.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge